05/03/2004 08:10 AM House CRA
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                    ALASKA STATE LEGISLATURE                                                                                  
              HOUSE COMMUNITY AND REGIONAL AFFAIRS                                                                            
                       STANDING COMMITTEE                                                                                     
                          May 3, 2004                                                                                           
                           8:10 a.m.                                                                                            
                                                                                                                                
MEMBERS PRESENT                                                                                                               
                                                                                                                                
Representative Carl Morgan, Chair                                                                                               
Representative Kelly Wolf, Vice Chair                                                                                           
Representative Ralph Samuels                                                                                                    
Representative Sharon Cissna                                                                                                    
Representative Albert Kookesh                                                                                                   
                                                                                                                                
MEMBERS ABSENT                                                                                                                
                                                                                                                                
Representative Pete Kott                                                                                                        
Representative Tom Anderson                                                                                                     
                                                                                                                                
COMMITTEE CALENDAR                                                                                                            
                                                                                                                                
CS FOR SENATE BILL NO. 190(STA)                                                                                                 
"An Act  adding certain state-owned  land and water to  the Kenai                                                               
River Special Management Area; relating  to the mineral estate of                                                               
the  state-owned  land  and  water in  the  Kenai  River  Special                                                               
Management Area;  relating to the Kenai  River Special Management                                                               
Area advisory board; and providing for an effective date."                                                                      
                                                                                                                                
     - MOVED HCS CSSB 190(CRA) OUT OF COMMITTEE                                                                                 
                                                                                                                                
CS FOR SENATE BILL NO. 382(CRA) am                                                                                              
"An Act relating to replat  approval; relating to the platting of                                                               
right-of-way  acquired through  eminent  domain proceedings;  and                                                               
providing for an effective date."                                                                                               
                                                                                                                                
     - SCHEDULED BUT NOT HEARD                                                                                                  
                                                                                                                                
SENATE BILL NO. 387 am                                                                                                          
"An  Act authorizing  the making  of  certain commercial  fishing                                                               
loans to  eligible community quota  entities for the  purchase of                                                               
certain  fishing quota  shares;  and providing  for an  effective                                                               
date."                                                                                                                          
                                                                                                                                
     - SCHEDULED BUT NOT HEARD                                                                                                  
                                                                                                                                
PREVIOUS COMMITTEE ACTION                                                                                                     
                                                                                                                                
BILL: SB 190                                                                                                                  
SHORT TITLE: KENAI RIVER SPECIAL MANAGEMENT AREA                                                                                
SPONSOR(S): SENATOR(S) WAGONER                                                                                                  
                                                                                                                                
04/16/03       (S)       READ THE FIRST TIME - REFERRALS                                                                        
04/16/03       (S)       STA, RES                                                                                               
01/20/04       (S)       STA AT 3:30 PM BELTZ 211                                                                               
01/20/04       (S)       Moved CSSB 190(STA) Out of Committee                                                                   
01/20/04       (S)       MINUTE(STA)                                                                                            
01/21/04       (S)       STA RPT CS 3DP 1NR            NEW TITLE                                                                
01/21/04       (S)       DP: STEVENS G, COWDERY, STEDMAN;                                                                       
01/21/04       (S)       NR: GUESS                                                                                              
02/16/04       (S)       RES AT 3:30 PM BUTROVICH 205                                                                           
02/16/04       (S)       Heard & Held                                                                                           
02/16/04       (S)       MINUTE(RES)                                                                                            
02/27/04       (S)       RES AT 3:30 PM BUTROVICH 205                                                                           
02/27/04       (S)       Moved CSSB 190(STA) Out of Committee                                                                   
02/27/04       (S)       MINUTE(RES)                                                                                            
03/01/04       (S)       RES RPT CS(STA)  3DP 1NR                                                                               
03/01/04       (S)       DP: OGAN, STEVENS B, SEEKINS; NR: ELTON                                                                
03/05/04       (S)       TRANSMITTED TO (H)                                                                                     
03/05/04       (S)       VERSION: CSSB 190(STA)                                                                                 
03/08/04       (H)       READ THE FIRST TIME - REFERRALS                                                                        
03/08/04       (H)       CRA, RES                                                                                               
03/23/04       (H)       CRA AT 8:00 AM CAPITOL 124                                                                             
03/23/04       (H)       Heard & Held <Assigned to Subcmte>                                                                     
03/23/04       (H)       MINUTE(CRA)                                                                                            
04/29/04       (H)       CRA AT 8:00 AM CAPITOL 124                                                                             
04/29/04       (H)       Subcommittee Meeting                                                                                   
04/29/04       (H)       MINUTE(CRA)                                                                                            
05/03/04       (H)       CRA AT 8:00 AM CAPITOL 124                                                                             
                                                                                                                                
WITNESS REGISTER                                                                                                              
                                                                                                                                
AMY SEITZ, Staff                                                                                                                
to Senator Thomas Wagoner                                                                                                       
Alaska State Legislature                                                                                                        
Juneau, Alaska                                                                                                                  
POSITION STATEMENT:  Spoke on behalf of the sponsor of SB 190.                                                                  
                                                                                                                                
ACTION NARRATIVE                                                                                                              
                                                                                                                                
TAPE 04-17, SIDE A                                                                                                            
Number 0001                                                                                                                     
                                                                                                                                
CHAIR CARL MORGAN called the House Community and Regional                                                                     
Affairs Standing Committee meeting to order at 8:10 a.m.                                                                        
Representatives Morgan,  Wolf, Samuels, and Kookesh  were present                                                               
at  the call  to order.    Representative Cissna  arrived as  the                                                               
meeting was in progress.                                                                                                        
                                                                                                                                
SB 190-KENAI RIVER SPECIAL MANAGEMENT AREA                                                                                    
                                                                                                                                
CHAIR MORGAN announced that the  first order of business would be                                                               
CS FOR  SENATE BILL NO.  190(STA), "An Act adding  certain state-                                                               
owned land and water to  the Kenai River Special Management Area;                                                               
relating to the mineral estate  of the state-owned land and water                                                               
in  the Kenai  River  Special Management  Area;  relating to  the                                                               
Kenai  River   Special  Management   Area  advisory   board;  and                                                               
providing for an effective date."                                                                                               
                                                                                                                                
Number 0044                                                                                                                     
                                                                                                                                
REPRESENTATIVE  WOLF moved  that  the committee  [move] HCS  CSSB
190,  Version   23-LS0961\Q,  Bullock,   4/28/04,  [out   of  the                                                               
subcommittee and] adopt it as  the working document.  There being                                                               
no objection, Version Q was before the committee.                                                                               
                                                                                                                                
Number 0121                                                                                                                     
                                                                                                                                
AMY  SEITZ,  Staff  to  Senator   Thomas  Wagoner,  Alaska  State                                                               
Legislature,  related  her  observation   that  the  only  change                                                               
encompassed in  Version Q is in  Section 4.  She  further related                                                               
that the sponsor is happy with Version Q.                                                                                       
                                                                                                                                
CHAIR  MORGAN  informed  the  committee that  there  will  be  an                                                               
amendment offered that  would delete Section 4.  He  asked if Ms.                                                               
Seitz had any objections to such an amendment.                                                                                  
                                                                                                                                
MS. SEITZ said that she had no comment.                                                                                         
                                                                                                                                
CHAIR MORGAN,  upon determining  there was no  one who  wished to                                                               
testify, closed public testimony.                                                                                               
                                                                                                                                
Number 0262                                                                                                                     
                                                                                                                                
REPRESENTATIVE WOLF moved that the  committee adopt the following                                                               
amendment [Amendment 1]:                                                                                                        
                                                                                                                                
     Page 5, line 11;                                                                                                           
          Delete "not"                                                                                                      
                                                                                                                                
                                                                                                                                
REPRESENTATIVE  SAMUELS objected,  and  inquired as  to how  many                                                               
members currently represent agencies.   He inquired as to whether                                                               
the  local  community members  should  be  the members  with  the                                                               
voice.                                                                                                                          
                                                                                                                                
REPRESENTATIVE  WOLF  answered  that  currently  there  are  five                                                               
members  who  represent  agencies  on  the  Kenai  River  Special                                                               
Management  Area  (KRSMA) Advisory  Board.    He noted  that  one                                                               
member  of the  KRSMA  Advisory  Board is  a  resident of  Cooper                                                               
Landing who  happens to  also work for  the Alaska  Department of                                                               
Fish & Game  (ADF&G).  The concern is that  if that individual is                                                               
removed  from the  advisory board,  then Cooper  Landing wouldn't                                                               
have a voice on the KRSMA  Advisory Board.  There is also concern                                                               
that there is a large portion  of property that is owned by state                                                               
and federal  agencies, and therefore removing  the voting ability                                                               
of those members (indisc.-paper shuffling), which isn't desired.                                                                
                                                                                                                                
REPRESENTATIVE SAMUELS surmised that  the amendment would fix the                                                               
Cooper Landing problem.                                                                                                         
                                                                                                                                
REPRESENTATIVE WOLF confirmed that it would.                                                                                    
                                                                                                                                
MS. SEITZ, in response to  Representative Samuels, specified that                                                               
there  are eight  agency representatives  on  the KRSMA  Advisory                                                               
Board,  with  three  of those  coming  from  the  municipalities.                                                               
There are a total of 17 members on the KRSMA Advisory Board.                                                                    
                                                                                                                                
Number 0520                                                                                                                     
                                                                                                                                
REPRESENTATIVE SAMUELS  inquired as to the  sponsor's position on                                                               
language  specifying that  the "agency  representatives" couldn't                                                               
hold a majority of the seats on the KRSMA Advisory Board.                                                                       
                                                                                                                                
MS.  SEITZ related  that the  sponsor would  like for  the agency                                                               
members of the KRSMA Advisory Board to be ex officio members.                                                                   
                                                                                                                                
REPRESENTATIVE   WOLF  highlighted   that  currently   the  KRSMA                                                               
Advisory  Board consists  of members  from  various agencies  and                                                               
community members.   These members  are managing 84 miles  of the                                                               
Kenai  River, which  is a  critical habitat  area within  a state                                                               
park.    Representative  Wolf  opined that  he  wants  the  KRSMA                                                               
Advisory  Board to  be comprised  of  experienced individuals  as                                                               
well as  public individuals.  He  said the current makeup  of the                                                               
board is good.  Therefore,  he viewed removing the [voting rights                                                               
of] agency members as taking  away the agency representation [and                                                               
expertise].                                                                                                                     
                                                                                                                                
Number 0152                                                                                                                     
                                                                                                                                
REPRESENTATIVE  SAMUELS opined  that if  almost half  the members                                                               
are representing agencies,  then it doesn't seem to  be that much                                                               
of a community  advisory board.  However, he  didn't believe that                                                               
an  appointed individual  who happens  to  be an  employee of  an                                                               
agency should  be penalized because of  his or her employer.   He                                                               
inquired as to  the possibility of limiting the  number of agency                                                               
representatives  because, based  on his  experience with  various                                                               
organizations, he  believes that  the agency  representatives are                                                               
"driving the bus."                                                                                                              
                                                                                                                                
REPRESENTATIVE  CISSNA  asked  if  these  agency  representatives                                                               
actually reside in the community.                                                                                               
                                                                                                                                
MS. SEITZ acknowledged that the  KRSMA Advisory Board members can                                                               
be from  Anchorage and  anywhere around the  state.   She pointed                                                               
out that  the KRSMA  Advisory Board met  on this  legislation and                                                               
voted  10:3 in  favor of  CSSB 190(STA),  which makes  the agency                                                               
members ex officio members.                                                                                                     
                                                                                                                                
Number 0932                                                                                                                     
                                                                                                                                
REPRESENTATIVE KOOKESH questioned why  there is such concern with                                                               
this since the  organization is an advisory board.   He said that                                                               
he  didn't know  of  many  advisory boards  that  have that  much                                                               
authority or power.                                                                                                             
                                                                                                                                
REPRESENTATIVE   WOLF   explained   that  currently   two   ADF&G                                                               
representatives on  the KRSMA Advisory Board  are from Anchorage.                                                               
The U.S.  Forest Service representative  is from  Cooper Landing.                                                               
The  U.S. Fish  & Wildlife  representative is  a resident  of the                                                               
Kenai Peninsula.   Representative Wolf explained  that making the                                                               
agency  members ex  officio would  remove the  position that  the                                                               
individual from Cooper  Landing holds because he  works for ADF&G                                                               
during  the summer.   Therefore,  the  Cooper Landing/Kenai  Lake                                                               
area wouldn't have representation on the KRSMA Advisory Board.                                                                  
                                                                                                                                
REPRESENTATIVE SAMUELS maintained his objection to Amendment 1.                                                                 
                                                                                                                                
A  roll call  vote  was taken.    Representatives Kookesh,  Wolf,                                                               
Cissna,   and   Morgan   voted   in   favor   of   Amendment   1.                                                               
Representatives   Anderson   and   Samuels  voted   against   it.                                                               
Therefore, Amendment 1 was adopted by a vote of 4-2.                                                                            
                                                                                                                                
Number 1217                                                                                                                     
                                                                                                                                
REPRESENTATIVE WOLF moved to report HCS CSSB 190, Version 23-                                                                   
LS0961\Q,  Bullock, 4/28/04,  as amended,  out of  committee with                                                               
individual  recommendations and  the  accompanying fiscal  notes.                                                               
There being  no objection,  HCS CSSB  190(CRA) was  reported from                                                               
the House Community and Regional Affairs Standing Committee.                                                                    
                                                                                                                                
ADJOURNMENT                                                                                                                   
                                                                                                                                
The meeting was recessed to the call of the chair at 8:25 a.m.                                                                  
[This meeting did not reconvene.]                                                                                               
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